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Law as last resort : prosecution decision-making in a regulatory agency /

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In almost all legal disputing, formalities are employed as a last resort. This text presents a new theory of decision making exploring the conditions under which prosecution is employed to handle troublesome occupational health and safety problems.

Bibliographic Details
Main Author: Hawkins, Keith
Format: eBook
Language:English
Language Notes:English.
Published: Oxford ; New York : Oxford University Press, 2002.
Series:Oxford socio-legal studies.
Subjects:
Prosecution > Great Britain > Decision making.
Industrial safety > Law and legislation > Great Britain > Criminal provisions.
Industrial safety > Law and legislation > Criminal provisions
Prosecution > Decision making
Great Britain
Electronic books.
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • Themes, Perspectives, Questions
  • 1. Instrumental and Other Uses of Law
  • 2. The Debate about Command and Control Regulation
  • 3. Prosecution as a Last Resort
  • 4. Scope, Methods, and Data
  • 5. The Arrangement of the Book
  • Organizing Ideas
  • 1. Naturalism
  • 2. A Holistic Perspective on Legal Decision-Making
  • 3. Enforcing Regulation
  • 4. Towards a Theory of Legal Decision-Making
  • Pre-Trial Processes
  • 1. Disorderly Patterns
  • 2. The Visible Process: Inspector as Leading Actor
  • 3. Pre-Trial Decision-Making Structures
  • 4. Control of Decision-Making in a Decentralized Inspectorate
  • 5. Pre-Trial Choices
  • 6. Pre-Trial Bargaining
  • 7. Civil Action
  • Decision-Making Environments
  • 1. The Surround in General
  • 2. Properties of the Local Surround: Construction and Chemicals Industries
  • Formal Structure and Practice
  • 1. The Robens Committee and the HSW Act, 1974
  • 2. HSC and HSE
  • 3. The European Dimension
  • 4. Stuctures and Relationships
  • 5. Subsequent Changes
  • 6. Legal Powers
  • Prosecution Policy
  • 1. Clearing the Ground
  • 2. Enforcement Policy as a Formal Conception
  • 3. Enforcement Policy as a Practical Conception
  • 4. Sources of Enforcement Policy
  • 5. The Structure of Inspectorates
  • Symbols and Images
  • 1. Prosecution as a Public Act
  • 2. Audiences
  • 3. Expectations
  • 4. Messages
  • 5. Appearances
  • 6. The Big Case
  • 7. Vulnerability and Amplification
  • Enforcers' Theories of Compliance and Punishment
  • 1. On Compliance
  • 2. Enforcers' Theories of Compliance
  • 3. Enforcers' Theories of Non-Compliance
  • 4. The Social Construction of Business Character
  • 5. Enforcers' Theories of Punishment
  • The Instrumental Frame: Will Prosecution Have an Impact?
  • 1. On Regulatory Effectiveness
  • 2. The Impact of Prosecution
  • 3. The Rationale of Deterrence
  • 4. The Paradox of Control
  • The Organizational Frame: Prosecuting as Advertising
  • 1. Imagery in Organizational Life
  • 2. Organizational Expectations
  • 3. Indicators
  • 4. Constraints
  • 5. Caseload Effects
  • The Symbolic Frame: The Social Construction of Blame
  • 1. On Blaming
  • 2. On Mitigating Blame
  • 3. The Conditions of Blame
  • The Legal Frame: Can a Case be Made?
  • 1. The Legal Frame
  • 2. Can a Legal Case be Made?
  • 3. Losing
  • 4. Applying the Legal Frame
  • 5. Breaking Frame
  • On Prosecution, Legal Decision-Making, and Law
  • 1. About Prosecution
  • 2. About Legal Decision-Making
  • 3. About Law
  • App. Research Methods and Data Sources.